Do both parties have to sign the divorce papers?

Written by crystal lassen

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Both parties are not required to sign the divorce papers that are initially filed. (couple fight image by Allen Penton from Fotolia.com)

If you have decided to file for divorce, your partner doesn't have to be present for the initial filing. However, she will be required to sign the papers at some point which can either be willingly or court-ordered.

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Petitioner

The petitioner is the person that files the original divorce papers. This can be done at your local courthouse. Your spouse is not required to be present for you to start divorce proceedings.

Forms

The petitioner will be required to complete a series of forms and return them to the courthouse with multiple copies of each document. Some documents such as those regarding health insurance and children under the age of 18 will need to be notarised.

After the documents are returned, you will be assigned a case number and will be asked to pay court fees. Court fees vary by state and county.

Respondent

The respondent is the party who was not present for the divorce filing. The respondent will receive copies of the divorce papers in the mail. If he refuses to sign, the petitioner will have to make an appointment with a process server or sheriffs deputy to serve the papers in person.